Part XVIIIRecognised investment exchanges, clearing houses , CSDs and other parties

F1CHAPTER 2APerformance of functions of recognised bodies

Approval

309KDetermining applications: power to grant approval

(1)

The appropriate regulator may grant an application under section 309I for approval for a person to perform a designated senior management function only if—

(a)

it is satisfied that the person is a fit and proper person to perform the function, or

(b)

it is satisfied that the condition in paragraph (a) will be met if the application is granted subject to one or more conditions (see subsection (3)).

(2)

In determining the application, the appropriate regulator may have regard, among other things, to the matters mentioned in section 309J(2) (qualifications etc of person for whom approval sought).

(3)

The appropriate regulator may, if it appears to it that it is desirable to do so in order to advance a relevant objective—

(a)

grant the application subject to any conditions that it considers appropriate;

(b)

grant the application so as to give approval only for a limited period.

(4)

For the purposes of subsection (3), “relevant objective” means—

(a)

if the appropriate regulator is the FCA, any of its operational objectives;

(b)

if the appropriate regulator is the Bank of England, the Financial Stability Objective.

(5)

Before granting approval under this section (whether or not subject to conditions or for a limited period), the appropriate regulator must comply with such consultation requirements as may be prescribed.